Chapter 18.12
GENERAL PROVISIONS

Sections:

18.12.010    Title.

18.12.020    Purpose.

18.12.030    Application of the zoning ordinance.

18.12.040    Authority and jurisdiction.

18.12.050    Interpretation and conflicts.

18.12.060    Severability.

18.12.070    Implementation.

18.12.010 Title.

The ordinance codified in this title shall be known as the “Fairbanks North Star Borough (FNSB) zoning ordinance” except as referred to and cited herein, where it shall be known as “this title.” (Ord. 88-010 § 2, 1988. 2004 Code § 18.04.010.)

18.12.020 Purpose.

The purpose of this title is to implement the Fairbanks North Star Borough comprehensive plan.

This title is intended to protect private property rights, to promote the public health, safety and general welfare of the residents of the borough, and safety from fire and to promote the efficient distribution of water, sewage, schools, parks and other public requirements; to provide safe traffic flow on the public streets; to promote economic development and the growth of private enterprise; and to divide the borough into districts. (Ord. 99-089 § 2, 2000; Ord. 88-010 § 2, 1988. 2004 Code § 18.04.020.)

18.12.030 Application of the zoning ordinance.

All property except that property exempted by law shall be governed according to the zoning district in which it is located.

Within each zoning district, the regulations and restrictions set forth in this title shall be deemed the minimum regulations and restrictions and shall apply uniformly to each class or kind of use, building, structure or land. However, any person claiming to have a disability or someone acting on the disabled person’s behalf may request a reasonable accommodation with respect to any provision herein or other rules, policies, practices and services necessary to afford the disabled an equal opportunity to use and enjoy a dwelling. The request shall be made to the director of the department of community planning and shall be accompanied with verifiable documentation of the disability and need for accommodation. The director shall act promptly on the request for accommodation. If the person requesting a reasonable accommodation has a disability, then the director shall approve any reasonable accommodation necessary to afford the disabled person an equal opportunity to use and enjoy a dwelling including granting an exception to the provisions of this code. The director shall not charge any fee for responding to such a request. The director’s decision shall constitute final administrative action by the Fairbanks North Star Borough on a request for accommodation.

Except as otherwise provided herein, no building, structure or land shall be used or occupied and no building or structure or part thereof shall be erected, moved or altered unless in conformity with the regulation specified for the zone in which it is located. Structures and land use that becomes nonconforming as a result of implementation of this chapter shall have grandfather rights. (Ord. 2002-04 § 3, 2002; Ord. 88-010 § 2, 1988. 2004 Code § 18.04.030.)

18.12.040 Authority and jurisdiction.

This title is enacted to establish and carry into effect the several powers, duties and privileges conferred upon the Fairbanks North Star Borough by Title 29, Alaska Statutes. (Ord. 88-010 § 2, 1988. 2004 Code § 18.04.040.)

18.12.050 Interpretation and conflicts.

It is not intended by this title to interfere with or abrogate and annul any ordinance, rules, regulations or permits previously adopted or issued and not in conflict with any of the provision of this title, or which shall be adopted or issued pursuant to law relating to the use of buildings or land, and likewise not in conflict with this title. It is not intended by this title to interfere with or abrogate and annul any easement, covenants or other agreements between any persons. (Ord. 88-010 § 2, 1988. 2004 Code § 18.04.050.)

18.12.060 Severability.

If any section or part hereof is for any reason declared unconstitutional or invalid, the validity of the remaining portions hereof shall not be affected. (Ord. 88-010 § 2, 1988. 2004 Code § 18.04.060.)

18.12.070 Implementation.

Upon adoption of the ordinance codified in this title, the following changes shall be made to the official zoning map. Land zoned Q, Holding, prior to the adoption of the ordinance codified in this title, shall become zoned to the largest contiguous zoning district. Grandfathering of all land uses shall take precedent when a conflict arises.

Zoning Districts in Effect Prior to the Adoption of this Title

Shall be Changed to

Zoning Districts and/or Overlay Zones as Provided by this Title

OR, Outdoor Recreation     

OR, Outdoor Recreation

GA-40, General Agriculture     

RA-40, Rural and Agricultural

GA-20, General Agriculture     

RA-20, Rural and Agricultural

GA-10, General Agricultural     

RA-10, Rural and Agricultural

GA, General Agricultural     

RA-5, Rural and Agricultural

RE-LAII, Rural Estate     

RE-4, Rural Estate

RE-LAI, Rural Estate     

RE-4, Rural Estate

RE, Rural Estate     

RE-2, Rural Estate

RE-LAII, Rural Estate I     

RE-4, Rural Estate with MHS, Mobile Home Subdivision Overlay

REL-LAI, Rural Estate I     

RE-4, Rural Estate with MHS, Mobile Home Subdivision Overlay

RE-I, Rural Estate I     

RE-2, Rural Estate with MHS, Mobile Home Subdivision Overlay

RR-LAII, Rural Residential     

RE-2, Rural Estate

RR-LAI, Rural Residential     

RE-2, Rural Estate

RR, Rural Residential     

RR, Rural Residential

RRI-LAII, Rural Residential I     

RE-2, Rural Estate with MHS, Mobile Home Subdivision Overlay

RRI-LAI, Rural Residential I     

RE-2, Rural Estate with MHS, Mobile Home Subdivision Overlay

RRI, Rural Residential I     

RR, Rural Estate with MHS, Mobile Home Subdivision Overlay

RI-I, Restricted Residential I     

SF-20, Single-family residential

RI-II, Restricted Residential II     

SF-10, Single-family residential

R2, General Residential     

TF, Two-family residential

R3-I, Multiple Residential I     

MF, Multiple-family residential

R3-II, Multiple Residential II     

MF, Multiple-family with MHS, Mobile Home Subdivision Overlay

R4, Residential Office     

MFO, Multiple-family Residential/Professional Office

NS, Neighborhood Shopping     

GC, General Commercial

BSI, Business I     

GC, General Commercial

BSII, Business II     

GC, General Commercial

BSIII, Business III     

CBD, Central Business District

AI, Air Industrial Park     

LI, Light Industrial

LI-I, Light Industrial I     

LI, Light Industrial

LI-II, Light Industrial II     

LI, Light Industrial

HI, Heavy Industrial     

HI, Heavy Industrial

ML, Mineral Lands     

ML, Mineral Lands

UU, Unrestricted Use     

GU-I, General Use

(Ord. 88-010 § 2, 1988. 2004 Code § 18.04.070.)